Medical experts firmly establish claims for medical bills. These expenses are usually the largest component of the economic damages in a personal injury case, often exceeding $40,000. While the average hospital stay costs more than $3,000 per day, the cost is even higher if doctors perform any tests or procedures.
The $40k figure doesn’t include ancillary costs, such as prescription drugs, transportation, and physical therapy. Other categories of economic damages include lost income and property damage.
These experts often boost claims for noneconomic damages, such as emotional distress. Medical records often don’t include treatment notes that indicate how the victim was feeling, physically or mentally. These notes might also be inadmissible in court. If this information is unavailable, a personal injury lawyer usually cannot obtain maximum compensation.
Diagnosis and Treatment
Injury-related conditions are usually difficult to diagnose and treat. Well-meaning general practice and Emergency Room doctors often don’t have the necessary professional tools.
Whiplash, a specific kind of head-neck injury, is a good example. The violent motion of a car crash usually causes this injury. Because it’s a soft tissue injury, it doesn’t appear on X-rays and other common diagnostic tests. Therefore, many victims don’t immediately get the medical treatment they need.
Whiplash, like most other head injuries, is degenerative. Neck and shoulder pain can soon become neck and shoulder paralysis. Frequently in these cases, a medical expert informally consults with a treating physician and points the doctor in the right direction.
Like other head injuries, whiplash is difficult to treat, especially at the recovery and physical therapy stage.
Most injury victims progress on a straight, upward line. They get better after each session and after each day. Head injury recovery and physical therapy are different. These victims often plateau for weeks or even months. Then, a sudden breakthrough occurs. During these plateaus, insurance companies normally move to cut off funding. If that happens, the victim may never fully recover.
A medical expert helps keep the money flowing in these situations. Insurance companies might not listen to a victim’s pleas. But they will listen to a medical expert’s opinion.
Causation
Cause, or a connection between the accident and the injury, is often an issue if the victim had a pre-existing medical condition. Suppose a lifelong smoker was exposed to asbestos 40 years ago and many years later, his doctors diagnosed him with lung cancer. Either his smoking or his exposure to asbestos fibers could have caused his lung cancer.
Legally, this person is entitled to relief, thanks to the eggshell skull rule. If a product liability lawyer proves the defective product, namely asbestos, substantially caused injury, the court will not reduce compensation.
Usually, there’s a fine line between a substantial cause and a contributing cause. Only a medical expert accurately draws that line and ensures maximum compensation.
Reasonable Necessity
Compensation for medical bills isn’t automatically available. Victims are only entitled to reimbursement if the medical expense was reasonably necessary.
Transportation costs are usually significant as well. A brief medevac helicopter ride could cost more than $40,000. Insurance adjusters rarely approve these costs. Instead, they maintain that a surface ambulance ride would’ve been just as effective.
Medical experts point out that, in a catastrophic (life-threatening) injury case, a few minutes could literally be the difference between life and death. Furthermore, many of these victims are unconscious or semi-conscious at the accident scene. They’re in no position to second-guess an emergency responder’s transportation recommendation.
Usually, medical experts review the documents in the case to prepare their expert reports. Sometimes, they also examine victims.
Medical expert testimony usually increases the amount of compensation in a personal injury claim. For a free consultation with an experienced personal injury attorney, contact Napoli Shkolnik.
